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ALBANY COUNTY v. HUDSON RIV.

512751.

97 A.D.3d 61 (2012)

944 N.Y.S.2d 369

2012 NY Slip Op 3698

In the Matter of COUNTY OF ALBANY et al., Appellants, v. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

May 10, 2012.

Attorney(s) appearing for the Case

Miller, Mannix, Schachner & Hafner, L.L.C., Glens Falls ( Mark J. Schachner of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for respondents.

ROSE, MALONE Jr., GARRY and EGAN JR., JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

Petitioners commenced this combined proceeding and action to challenge an apportionment of operation and maintenance costs adopted by respondent Hudson River-Black River Regulating District (hereinafter the District) and approved by respondent Department of Environmental Conservation (hereinafter DEC). The District is a public benefit corporation that maintains and operates dams, reservoirs and appurtenant facilities for...

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